II 

118TH CONGRESS 

1ST SESSION S. 521 

To amend the Lumbee Act of 1956. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. TILLIS (for himself and Mr. BUDD) introduced the following bill; which 

was read twice and referred to the Committee on Indian Affairs 

A BILL 

To amend the Lumbee Act of 1956. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lumbee Fairness Act’’. 

5 SEC. 2. FEDERAL RECOGNITION. 

6 The Act of June 7, 1956 (70 Stat. 254, chapter 375), 

7 is amended— 

8 (1) by striking section 2; 

9 (2) in the first sentence of the first section, by 

10 striking ‘‘That the Indians’’ and inserting the fol11 lowing: 


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1 ‘‘SEC. 3. DESIGNATION OF LUMBEE INDIANS. 

2 ‘‘The Indians’’; 

3 (3) in the preamble— 

4 (A) by inserting before the first undesig5 nated clause the following: 

6 ‘‘SECTION 1. FINDINGS. 

7 ‘‘Congress finds that—’’; 

8 (B) by designating the undesignated 

9 clauses as paragraphs (1) through (4), respec10 tively, and indenting appropriately; 

11 (C) by striking ‘‘Whereas’’ each place it 

12 appears; 

13 (D) by striking ‘‘and’’ after the semicolon 

14 at the end of each of paragraphs (1) and (2) 

15 (as so designated); and 

16 (E) in paragraph (4) (as so designated), by 

17 striking ‘‘: Now, therefore,’’ and inserting a pe18 riod; 

19 (4) by moving the enacting clause so as to ap20 pear before section 1 (as so designated); 

21 (5) by striking the last sentence of section 3 (as 

22 designated by paragraph (2)); 

23 (6) by inserting before section 3 (as designated 

24 by paragraph (2)) the following: 

25 ‘‘SEC. 2. DEFINITIONS. 

26 ‘‘In this Act: 


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1 ‘‘(1) SECRETARY.—The term ‘Secretary’ means 

2 the Secretary of the Interior. 

3 ‘‘(2) TRIBE.—The term ‘Tribe’ means the 

4 Lumbee Tribe of North Carolina or the Lumbee In5 dians of North Carolina.’’; and 

6 (7) by adding at the end the following: 

7 ‘‘SEC. 4. FEDERAL RECOGNITION. 

8 ‘‘(a) IN GENERAL.—Federal recognition is extended 

9 to the Tribe (as designated as petitioner number 65 by 

10 the Office of Federal Acknowledgment). 

11 ‘‘(b) APPLICABILITY OF LAWS.—All laws and regula12 tions of the United States of general application to Indi13 ans and Indian tribes shall apply to the Tribe and its 

14 members. 

15 ‘‘(c) PETITION FOR ACKNOWLEDGMENT.—Notwith16 standing section 3, any group of Indians in Robeson and 

17 adjoining counties, North Carolina, whose members are 

18 not enrolled in the Tribe (as determined under section 

19 5(d)) may petition under part 83 of title 25 of the Code 

20 of Federal Regulations for acknowledgment of tribal exist21 ence. 

22 ‘‘SEC. 5. ELIGIBILITY FOR FEDERAL SERVICES. 

23 ‘‘(a) IN GENERAL.—The Tribe and its members shall 

24 be eligible for all services and benefits provided by the 

25 Federal Government to federally recognized Indian tribes. 


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1 ‘‘(b) SERVICE AREA.—For the purpose of the delivery 

2 of Federal services and benefits described in subsection 

3 (a), those members of the Tribe residing in Robeson, Cum4 berland, Hoke, and Scotland counties in North Carolina 

5 shall be deemed to be residing on or near an Indian res6 ervation. 

7 ‘‘(c) DETERMINATION OF NEEDS.—On verification 

8 by the Secretary of a tribal roll under subsection (d), the 

9 Secretary and the Secretary of Health and Human Serv10 ices shall— 

11 ‘‘(1) develop, in consultation with the Tribe, a 

12 determination of needs to provide the services for 

13 which members of the Tribe are eligible; and 

14 ‘‘(2) after the tribal roll is verified, each submit 

15 to Congress a written statement of those needs. 

16 ‘‘(d) TRIBAL ROLL.— 

17 ‘‘(1) IN GENERAL.—For purpose of the delivery 

18 of Federal services and benefits described in sub19 section (a), the tribal roll in effect on the date of en20 actment of this section shall, subject to verification 

21 by the Secretary, define the service population of the 

22 Tribe. 

23 ‘‘(2) VERIFICATION LIMITATION AND DEAD24 LINE.—The verification by the Secretary under 

25 paragraph (1) shall— 


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1 ‘‘(A) be limited to confirming documentary 

2 proof of compliance with the membership cri3 teria set out in the constitution of the Tribe 

4 adopted on November 16, 2001; and 

5 ‘‘(B) be completed not later than 2 years 

6 after the submission of a digitized roll with sup7 porting documentary proof by the Tribe to the 

8 Secretary. 

9 ‘‘SEC. 6. AUTHORIZATION TO TAKE LAND INTO TRUST. 

10 ‘‘(a) IN GENERAL.—Notwithstanding any other pro11 vision of law, the Secretary is hereby authorized to take 

12 land into trust for the benefit of the Tribe. 

13 ‘‘(b) TREATMENT OF CERTAIN LAND.—An applica14 tion to take into trust land located within Robeson Coun15 ty, North Carolina, under this section shall be treated by 

16 the Secretary as an ‘on reservation’ trust acquisition 

17 under part 151 of title 25, Code of Federal Regulations 

18 (or a successor regulation). 

19 ‘‘SEC. 7. JURISDICTION OF STATE OF NORTH CAROLINA. 

20 ‘‘(a) IN GENERAL.—With respect to land located 

21 within the State of North Carolina that is owned by, or 

22 held in trust by the United States for the benefit of, the 

23 Tribe, or any dependent Indian community of the Tribe, 

24 the State of North Carolina shall exercise jurisdiction 

25 over— 


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1 ‘‘(1) all criminal offenses that are committed; 

2 and 

3 ‘‘(2) all civil actions that arise. 

4 ‘‘(b) TRANSFER OF JURISDICTION.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 the Secretary may accept on behalf of the United 

7 States, after consulting with the Attorney General of 

8 the United States, any transfer by the State of 

9 North Carolina to the United States of any portion 

10 of the jurisdiction of the State of North Carolina de11 scribed in subsection (a) over Indian country occu12 pied by the Tribe pursuant to an agreement between 

13 the Tribe and the State of North Carolina. 

14 ‘‘(2) RESTRICTION.—A transfer of jurisdiction 

15 described in paragraph (1) may not take effect until 

16 2 years after the effective date of the agreement de17 scribed in that paragraph. 

18 ‘‘(c) EFFECT.—Nothing in this section affects the ap19 plication of section 109 of the Indian Child Welfare Act 

20 of 1978 (25 U.S.C. 1919). 

21 ‘‘SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated such sums 

23 as are necessary to carry out this Act.’’. 

Æ 


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